Petitioner challenged invalidation of her e-Khata application for converted land in Shettigere Village. The court disposed of the petition reserving liberty to file a fresh e-Khata application, which the Doddajala Grama Panchayat must consider and decide upon within three months.
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NC: 2024:KHC:45850 WP No. 17585 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17585 OF 2024 (LB-RES)
BETWEEN:
MRS RACHANA RANKA AGED ABOUT 58 YEARS, W/O MR. ARUN B. RANKA, R/AT PANCHSHEEL APARTMENT, 3RD CROSS, GANDHINAGAR, BENGALURU 560 009.
…PETITIONER
(BY SRI. VIJAY KUMAR K, ADVOCATE SRI. RAMESH KUMAR., ADVOCATE)
AND:
Digitally signed by ANAND N
Location: HIGH COURT OF KARNATAKA
(BY SMT.SPOORTHI.V., HCGP FOR R1;
NC: 2024:KHC:45850 WP No. 17585 of 2024
SRI. B.J. SOMAYAJI, ADVOCATE FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER IN VALIDATING THE E-KHATA IN ANNX-A IN THE NAME OF THE PETITIONER. PROPERTY BEARING NO.150200200900621009; DIRECTING THE OFFICIAL OF R2 TO 4 TO RESTORE THE E-KHATA IN THE NAME OF PETITIONER, BY DELETING THE INVALIDATION APPROVED IN ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner asserts that she has purchased 24 acres in Sy.No.80 of Shettigere Village, Jala Hobli, Yelahanka Taluk, Bengaluru Urban District. The petitioner has impugned Annexure-A – a ComputerGenerated Acknowledgement - indicating that the petitioner's application for E-katha for this property [a converted land] is invalidated. According to the respondents, the request is invalidated because it is
NC: 2024:KHC:45850 WP No. 17585 of 2024
based on a Katha which is without an application and resolution by the Panchayat and its system is hacked.
The third respondent has in fact filed a statement of objection, and this Court must observe that ultimately this respondent has stated as follows:
"It is open to the petitioner to file the application with relevant documents for including her name in the assessment list or issuance of e-Khata. If such an application is filed, the Grama Panchayat will consider it in accordance with law. This writ petition is liable to be dismissed for suppression of material facts."
Sri K. Vijaya Kumar, the learned counsel for the petitioner, is heard in the light of this stand.
Sri K. Vijaya Kumar submits that the petition indeed could be disposed of with liberty to the petitioner to file a fresh application for E-Katha of the subject property directing Doddajala Grama
NC: 2024:KHC:45850 WP No. 17585 of 2024
Panchayat [ the fourth respondent ] to consider the same in accordance with law within a time frame.
In the light of the afore, the petition stands disposed of reserving liberty to the petitioner to file a fresh application with Doddajala Grama Panchayat [ the fourth respondent ] for issuance of E-Katha. The petitioner is at liberty to file such application forthwith. The Doddajala Grama Panchayat, if the petitioner files application as aforesaid, is directed to consider the same and inform the petitioner about the decision within a period of three [3] months from the date of receipt of such application.
SD/(B M SHYAM PRASAD) JUDGE
SA ct:sr
2 issues framed by the court
Whether the invalidated e-Khata acknowledgement should be quashed and the petitioner's e-Khata restored.
How should the Grama Panchayat treat a fresh application for issuance of e-Khata for the petitioner's land?
1 provisions across 1 enactments
Mrs Rachana Ranka
The State of Karnataka, Department of Rural Development and Panchayath Raj
The Executive Officer, Yelahanka Taluk Panchayat
The Panchayath Development Officer, Dodda Jala Gram Panchayat
The Secretary, Doddajala Gram Panchayat
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
